Case 2203829/2020 · Employment Tribunal
Ms E Cortes Harker v R1 AL Realisations Limited (In administration) R2 The Secretary of State for Business Energy and Industrial Strategy — 2020
- Case reference
- 2203829/2020
- Decision date
- 31 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deeley Date
Parties
2 namedClaimant
Ms E Cortes Harker
Key findings
Tribunal's reasoningThis was a judgment by consent in a case brought by Ms E Cortes Harker against AL Realisations Limited (in administration) and the Secretary of State for Business Energy and Industrial Strategy. The judgment records that the claimant was employed by the first respondent and was dismissed by reason of redundancy on 31 March 2020. It also records the successive appointments of administrators to the first respondent in March, April and July 2020.
The claimant raised a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for failure to consult. The tribunal recorded that she was assigned to an establishment where 20 or more redundancies were proposed within a period of 90 days, and that the respondent did not fully inform and consult with her in accordance with sections 188 and 188A of the Act.
By consent, the tribunal made a protective award in the claimant's favour for a protected period of 56 days, beginning on 31 March 2020. The award was capped at the amount payable by the Redundancy Payments Service, in accordance with the RPS's regulations and limits, and was subject to any deductions required by law. The judgment also states that the Recoupment Regulations apply and that any recoupment notice does not apply to the Secretary of State.
The tribunal recorded that there was no order for costs or fees and that each party was to bear its own costs and fees. It also stated that the claimant's claim was extinguished in its entirety by the consent judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to consult under s.188 and s.188A. The judgment is by consent and does not state a cash amount; it records a protected period of 56 days, capped at the amount payable by the Redundancy Payments Service and subject to deductions required by law. | Upheld | — | — |
Legal tests applied
3 references- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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